HEDGEROW REGULATIONS ASSESSMENT

Transcription

1 Wasperton Mineral Allocation Site, Warwickshire Report 13 th June 2018 Client: Cadogan & Co. Report authors: Anna Dudley and Catherine Coton Report reference: C Swift Ecology Ltd Fartown Barn Pensax Abberley Worcestershire WR6 6AE Website C1944-1: WASPERTON MINERALS ALLOCATION 1

2 QUALIT ASSURANCE DATE VERSION NAME SIGNATURE Survey conducted Anna Dudley MCIEEM Principal Ecologist Draft prepared Catherine Coton ACIEEM Ecologist Checked by Johnny Birks MCIEEM Principal Ecologist Draft reviewed and issued Catherine Coton ACIEEM Ecologist The information which we have prepared and provided is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions. Every reasonable attempt has been made to comply with BS42020 (Biodiversity: Code of practice for planning and development); the CIEEM Guidelines for Ecological Report Writing (CIEEM, 2017). If compliance has not been achieved, justification/explanation has been given. C1944-1: WASPERTON MINERALS ALLOCATION 2

3 CONTENTS SUMMAR INTRODUCTION BACKGROUND PERSONNEL ECOLOGICAL CONTEXT PURPOSE OF REPORT METHODS BACKGROUND ARCHAEOLOGICAL AND HISTORICAL DATA SEARCH AND ASSESSMENT BACKGROUND ECOLOGICAL DATA SEARCH FIELD SURVE LIMITATIONS ARCHAEOLOG AND HISTOR ASSESSMENT CRITERION 1 HISTORIC BOUNDARIES CRITERION 2 ARCHAEOLOGICAL FEATURES CRITERION 3 ARCHAEOLOGICAL SITES CRITERION 4 PRE-1600 ESTATE OR MANOR CRITERION 5 FIELD SSTEM PRE-DATING THE INCLOSURE ACTS SUMMAR WILDLIFE AND LANDSCAPE ASSESSMENT BACKGROUND DATA SEARCH HEDGEROW DESCRIPTIONS HEDGEROW SURVE SUMMAR OF RESULTS EVALUATION ARCHAEOLOG AND HISTOR WILDLIFE AND LANDSCAPE RELEVANT LITERATURE...16 APPENDIX 1 LEGISLATION...17 APPENDIX 2 HISTORIC ENVIRONMENT RECORD...18 APPENDIX 3 PROTECTED AND PRIORIT SPECIES WITHIN 2 KM...27 APPENDIX 4 HEDGEROW ASSESSMENT PLAN...28 APPENDIX 5 HEDGEROW SUMMAR TABLE (WILDLIFE AND LANDSCAPE CRITERIA)...29 APPENDIX 6 INDIVIDUAL HEDGEROW SURVE SHEETS...30 C1944-1: WASPERTON MINERALS ALLOCATION 3

4 SUMMAR A Hedgerow Regulations Assessment was carried out of an area known as Wasperton Minerals Allocation, to the east of Wasperton village, near Warwick, Warwickshire on 31 st May and 1 st June The study area is located at an approximate central OS grid reference of SP The surveys and assessments were undertaken of two adjacent sites to the east of Wasperton village that have been allocated for the extraction of sand and gravel within Warwickshire County Council s Minerals Local Plan Publication (the sites are known as Sites 4 and 5 within the plan). The report presents the results of the assessment of the hedgerows against the Archaeology and History criteria, listed within criteria 1-5 of Part II of the Hedgerow Regulations 1997, and also against the wildlife and landscape criteria listed in criteria 6-8 of Part II of the Regulations. Aerial photography identified 41 hedgerows within the site boundary. Of these, two hedgerows were split into two separate sections, due to the presence of a gap more than 20 m long (H1a, H1b, H14a and 14b). The field survey found four of the hedgerows (H13, H23, H24 and H37) had either been fully removed or remained only as linear trees or scrub and thus do not qualify as hedgerows. Five of the hedgerows (H36, H38, H39, H40 and H41) were not accessible for survey due to their separate landownership and thus they could not be fully assessed under the wildlife and landscape criteria. The Archaeology and History assessment was based on desk study data obtained from Warwickshire County Council s Historic Environment Record, Natural England s MAGIC website and Warwickshire s County Record Office. The hedgerows were assessed as being Important or Not Important using the methodology outlined within the Regulations. Four hedgerows (H1a, H1b, H39 and H41) were considered to be Important under Criterion 1 as they form parts of historic parish boundaries. All hedgerows within the site are considered to be Important under Criterion 5, as they all form part of a pre-1845 field layout. For the Wildlife and Landscape assessment, background ecological data were obtained from Warwickshire Biological Records Centre. A field survey was undertaken and results of the preliminary ecological appraisal, carried out at the same time, were also used to inform this assessment. The hedgerows were assessed as being Important or Not Important using the methodology outlined for assessment within the Regulations. Ten hedgerows (H1b, H4, H7, H8, H9, H11, H27, H28, H30 and H33) within the site are classed as Important under the Wildlife and Landscape criteria of the Hedgerow Regulations. Four hedgerows (H10, H14a, H26 and H34) do not qualify as Important under the Regulations but are relatively species-rich, containing an average of at least five woody species, and are over 30 years old. The remaining hedgerows within the site are species-poor, with fewer than five woody species in an average 30 m length. The presence of Important hedgerows within the development area is a notable consideration for any development. C1944-1: WASPERTON MINERALS ALLOCATION 4

5 1 INTRODUCTION 1.1 Background A Hedgerow Regulations Assessment was carried out of an area known as Wasperton Minerals Allocation, to the east of Wasperton village, near Warwick, Warwickshire on 31 st May and 1 st June The study area is located at an approximate central OS grid reference of SP The surveys and assessments were undertaken of two adjacent sites to the east of Wasperton village that have been allocated for the extraction of sand and gravel within Warwickshire County Council s Minerals Local Plan Publication 1. Site 4 comprises the majority of the survey area and will include plant and operations areas, as well as a mineral extraction area. Site 5 comprises four fields by Glebe Farm that adjoin the southern edge of Site 4; it would be worked in conjunction with Site 4, rather than as a free-standing mineral site. A preliminary ecological appraisal (PEA) (including a Phase 1 Habitat Survey and protected species assessment) was carried out on site concurrently with the hedgerow survey. The results of that survey are reported separately (report reference C1944-2), and should be read in conjunction with this report. 1.2 Personnel The hedgerow surveys, assessments and reporting were undertaken by Anna Dudley and Catherine Coton of Swift Ecology Ltd. Anna Dudley is employed as Principal Ecologist by Swift Ecology Ltd and Catherine Coton is employed as an Ecologist. Both surveyors are experienced habitat surveyors up to at least Phase 1 standard with the requisite botanical identification skills to effectively carry out hedgerow surveys in accordance with the Hedgerows Regulations 1997 guidelines. Anna is also an experienced botanical surveyor up to NVC standard with over seven years experience of carrying out hedgerow surveys. 1.3 Ecological Context The site surveyed has an approximate area of 99 ha and incorporates two adjacent land allocations: Site 4 Wasperton (85 ha) to the north and Site 5 Glebe Farm to the south. The survey area is located to the east of Wasperton village and to the south of Barford village; it is approximately 9 km to the south of Warwick town centre. Located within a rural landscape, the site is surrounded by open farmland, which is dominated by arable fields, with scattered farmsteads and other isolated houses. The area is bound at its western extent by the A429; Wasperton Lane marks the northern extent of the area and Thelsford Brook defines the southern edge. Thelsford Brook is a tributary of the River Avon, which is located approximately 80 m to the west of the survey area (and the A429) at its closest point. The survey area comprises a number of large arable fields with boundary hedgerows and occasional small wooded copses and field ponds. Glebe Farm, which includes the farm house and 1 Site 4: Wasperton and Site 5: Glebe Farm, Wasperton, in Warwickshire County Council (2016) Minerals Plan Publication 2016 (draft) Appendix B Minerals Local Plan Publication 2016 C1944-1: WASPERTON MINERALS ALLOCATION 5

6 associated farm buildings, is present towards the southern end of the survey area and a further isolated barn complex is present towards the eastern extent of the survey area. The survey area is illustrated in Figure 1.1. Figure 1.1: Aerial photo of survey area, with approximate boundary outlined in red 1.4 Purpose of Report The purpose of this report is to identify all Important hedgerows, as defined by the Hedgerow Regulations 1997, within the survey area to enable a comprehensive assessment of the potential impacts as part of any consenting process. Under the Hedgerow Regulations 1997 it is against the law to remove or destroy Important hedgerows without permission from the local planning authority. Various criteria specified in the Regulations are used to identify Important hedgerows for wildlife, landscape or historical reasons. The local planning authority is also the enforcement body for offences created by the Regulations. Defra is the policy body for the Hedgerow Regulations in England. This legal protection is further detailed in Appendix 1. C1944-1: WASPERTON MINERALS ALLOCATION 6

7 2 METHODS 2.1 Background Archaeological and Historical Data Search and Assessment A background data search was undertaken in April 2018 for historical records to determine whether any hedgerow/s on site meet with the archaeology and history criteria 1-5 in Part II of the Hedgerow Regulations The following searches were undertaken: Records of archaeological sites, ancient monuments and historical events within a 500 m radius of the site were obtained from Warwickshire County Council s Historic Environment Record. A further check for scheduled ancient monuments was also made using Natural England s MAGIC website 2. A visit was made to Warwickshire s County Record Office to search historic maps and other physical records that might provide relevant information. Relevant results are presented in Appendix 2. Under the Hedgerow Regulations 1997 Part II, a hedgerow qualifies as an Important Hedge under archaeology and history criteria 1-5 if it complies with any of the following criteria if the hedgerow: Marks part or all of the boundary of at least one historic parish or township. Incorporates an archaeological feature on the Ancient Monuments and Archaeological Areas Act (1979) or on a Sites and Monuments Record. Is situated wholly or partly within, or on land adjacent to and associated with, such an archaeological site, monument or feature. Marks the boundary of, or is visibly related to, any building or other feature of a pre-1600 AD estate or manor. Is recorded in a document as an integral part of a field system, or is visibly related to any building or other feature associated with such a system, pre-dating the Inclosure Acts 3 The above provides a summary of the criteria, and the original legislation should be referred to for the definitive interpretation The earliest of these Acts is dated C1944-1: WASPERTON MINERALS ALLOCATION 7

8 2.2 Background Ecological Data Search A background data search was undertaken in April 2018 by Warwickshire Biological Records Centre (WBRC) for records of protected species within a 2 km radius. The locations of protected species records are presented in Appendix Field Survey Aerial photography identified 41 hedgerows within the site boundary. The field survey found that two of these features had gaps longer than 20 m and thus they were divided into two hedgerows (creating H1a, H1b, H14a and 14b). The field survey also found four of the hedgerows (H13, H23, H24 and H37) had either been fully removed or remained only as linear trees or scrub and thus no longer qualify as hedgerows. A total of 39 linear features defined as hedgerows were subject to survey. All hedgerows within the site are more than 30 years old and more than 20 m in length. All hedgerows were surveyed in detail by using the methodology guidelines published by DEFRA in in order to enable the identification of Important hedgerows within the meaning of the Hedgerow Regulations 1997, wildlife and landscape criteria 6-8. The locations of the hedgerows are illustrated on Figure A.1 in Appendix 4. A standard schedule of information was collected so that each hedgerow could be individually evaluated. This contained the following elements: Length of hedgerow recorded. A hedgerow is deemed to end where it meets (whether by intersection or junction) another hedgerow or feature such as a wood or pond. A count of the woody species in an average 30 m stretch of hedge. If a hedgerow was less than 30 m long, the entire hedgerow was surveyed. If a hedgerow was between 30 m and 100 m long, the middle 30 m stretch was surveyed; if the hedgerow was between 100 m and 300 m long two 30 m stretches were surveyed (the middle of each half of the hedge) and the results averaged; and if the hedgerow was over 300 m long, three 30 m stretches were surveyed (the middle of each third of the hedgerow) and the results averaged. Only species listed under Schedule 3 of the Regulations were used for the purposes of evaluation. Other woody species in each 30 m section, generally non-native species such as sycamore Acer pseudoplatanus, were also listed but not used in the evaluation. Additional woody species were also noted along the length of the hedgerow but not included within the evaluation. Observations of hedgerow features. Hedgerow features specified in the Regulations include the following: - a bank, or wall along 50% of the length of the hedge; - a ditch along 50% of the length; - whether gaps total less than 10% of the length; - one or more standard trees per 50 m of hedge; - a parallel hedge within 15 m of the hedge; 4 The Hedgerow Regulations 1997, A guide to the Law and Good Practice, DEFRA, 1997 C1944-1: WASPERTON MINERALS ALLOCATION 8

9 - three or more woodland herbs 5 in the whole hedge; and - connections with hedges, woods and ponds scoring four or more points 6. Noting of circumstances that modify thresholds for hedgerow evaluation. Circumstances modifying the thresholds that determine whether or not a hedge is an Important hedgerow (in respect of woody species counts and hedgerow feature totals) include the following: - footpaths, bridleways, or byways alongside the hedge (these hedgerows require a combination of fewer woody species and hedgerow features to qualify as Important); and - location in northern counties (this reduces the number of woody species necessary to qualify as important by one but is not relevant here). Under the Hedgerow Regulations (1997) Part II, a hedgerow qualifies as an Important Hedge under wildlife and landscape criteria 6-8 if it complies with any of the following: It contains any species listed in Part 1 of Schedule 1, Schedule 5 or Schedule 8 of the Wildlife and Countryside Act It contains any birds categorised as a declining breeder (category 3) in Red Data Birds in Britain 1990.* It contains any species categorised as endangered, extinct, rare or vulnerable in any of the British Red Data Books. It contains seven or more Schedule 3 woody species in an average 30 m stretch. It contains six Schedule 3 woody species in an average 30 m stretch and also has three or more hedgerow features. It contains five Schedule 3 woody species in an average 30 m stretch and also has four or more hedgerow features. It contains six or more Schedule 3 woody species in an average 30 m stretch and also has one of the four significant woody species as listed in the Regulations (these are black poplar Populus nigra ssp. betulifolia, wild service tree Sorbus torminalis, small-leaved lime Tilia cordata and large-leaved lime Tilia platyphyllos). It is adjacent to a footpath, bridleway or byway, contains at least four woody species, and has two or more hedgerow features (excluding a parallel hedge or connections). * The Red Data Birds in Britain (1990) has now been superseded by the Birds of Conservation Concern 4 (BoCC4) list, compiled by the British Trust for Ornithology in 2015 following an extensive and fully endorsed review of the conservation status of 244 bird species found regularly in the UK. However, the Hedgerow Regulations have not yet been updated to reflect this change. In order to ensure current value of the results of this hedgerow survey, we have used the currently accepted 2015 BoCC4 rather than the 1990 Red Data Birds in Britain to inform decisions whether any of the hedgerows are Important due to containing any birds categorised as a declining breeder. Only red-listed birds in the BoCC4 list have been used to determine Important status, as this equates to Category 3 in the Red Data Birds in Britain. Red-listed bird species in BoCC4 have the highest conservation priority. 5 Species listed in Schedule 2 of the Regulations. 6 According to protocols defined in the Regulations: connecting hedgerows score 1 connection point each, woodland or ponds score 2 connection points each C1944-1: WASPERTON MINERALS ALLOCATION 9

10 Hedgerows were reported using a standard form. The information is summarised in Appendix 5 and full details of all hedgerow forms are provided in Appendix Limitations The end of May/early June is an optimal time of year for a hedgerow survey because most woody plants and woodland herbs are in leaf or flower and therefore unlikely to be missed. However, the survey is only a snapshot of flora present at the time and not all species will be recorded during a single survey visit. The landowner of Glebe Farm, who owns all the land within mineral allocation Site 5, did not grant access for survey of this land. As such, the assessment of the hedgerows within this area (hedgerows H36, H38, H39, H40 and H41) was undertaken from public footpaths and adjacent land using binoculars but it was not possible to undertake a detailed ecological assessment. The weather conditions were suitable on all survey dates. It is therefore considered that there were no other significant limitations to the assessment. C1944-1: WASPERTON MINERALS ALLOCATION 10

11 3. ARCHAEOLOG AND HISTOR ASSESSMENT 3.1 Criterion 1 Historic Boundaries Reference to the Wasperton Tithe Map 7 indicates that Hedgerow 1 (along Wasperton Lane) and hedgerows H39 and H41 (along the Thelsford Brook) form parts of the northern and southern parish boundaries of Wasperton, respectively. Hedgerows H1a, H1b, H39 and H41 qualify as Important under this criterion. 3.2 Criterion 2 Archaeological Features Information obtained from the Historic Environment Record and Natural England s Magic website revealed that none of the hedgerows within the study area incorporate an archaeological feature on the Ancient Monuments and Archaeological Areas Act (1979) or on a Sites and Monuments Record. No hedgerows qualify as Important under this criterion. 3.3 Criterion 3 Archaeological Sites Information obtained from the Historic Environment Record and Natural England s Magic website revealed that none of the hedgerows within the study area are situated within, or associated with, an archaeological site as mentioned in Criterion 2 No hedgerows qualify as Important under this criterion. 3.4 Criterion 4 Pre-1600 Estate or Manor No maps showing the boundaries of pre-1600 estates or manors were held at the County Record Office 8. No hedgerows qualify as Important under this criterion. 3.5 Criterion 5 Field System Pre-dating the Inclosure Acts A number of maps were obtained from the County Record office showing the field layout in the study area pre-1845; these were as follows: The survey of Manor & Lordship of Wasperton & Heathcote in the County of Warwick being the lands of the right worshipful Sr Thomas Rawlinson Knight, Alderman & Sheriff of London and Middlesex. Ano 1686 by James Fish. 7 By E. Cherry, dated , available from the County Record Office. 8 The earliest estate map held by the County Record Office dated from 1686: The survey of Manor & Lordship of Wasperton & Heathcote in the County of Warwick being the lands of the right worshipful Sr Thomas Rawlinson Knight, Alderman & Sheriff of London and Middlesex. Ano 1686 by James Fish. C1944-1: WASPERTON MINERALS ALLOCATION 11

12 Tithe Map: Wasperton, by E. Cherry All hedgerows present at the time of survey were present on these historic maps. Furthermore, Oubridge (1981) 9 states that all current hedgerows within the parish were in place by 1839, and Barratt (1952) 10 states that Inclosure within the manor of Wasperton occurred in All hedgerows within the study area qualify as Important under part a of this criterion. 3.6 Summary Table 3.1 below provides a summary of the importance of the hedgerows within the survey area and the criteria met. Table 3.1: Summary of Important Hedgerows (as defined by the archaeology and history criteria in the Hedgerow Regulations 1997) Hedgerow Importance Number Hedgerow Reference Numbers Criteria 1: Important as mark historic 4 H1a, H1b, H39, H41 boundary Criteria 2: Important due to presence 0 - archaeological features Criteria 3: Important due to presence 0 - archaeological sites Criteria 4: Important due to association with 0 - pre-1600 estate or manor Criteria 5: Important as form part of field system that pre-dates the Inclosure Acts Total number of important hedgerows All hedgerows (H1a, H1b, H2, H3, H4, H5, H6, H7, H8, H9, H10, H11, H12, H14a, H14b, H15, H16, H17, H18, H19, H20, H21, H22, H25, H26, H27, H28, H29, H30, H31, H32, H33, H34, H35, H36, H38, H39, H40, H41) 9 Oubridge, V. W. (1981) Wasperton. A short history of a Warwickshire Parish. 10 Barratt, D. M. (1952) The Inclosure of the manor of Wasperton in In University of Birmingham Historical Journal, Volume III, No. 2, 1952, pp C1944-1: WASPERTON MINERALS ALLOCATION 12

13 4 WILDLIFE AND LANDSCAPE ASSESSMENT 4.1 Background Data Search WBRC provided two records within the survey area. These records were of great crested newt Triturus cristatus from two ditches/ponds at the junctions of hedgerows H22 and H23, and H21 and H31. These records confirmed the presence of this species by edna water sampling, but not by traditional methods. Because the application of edna methodology is in its infancy and results from some service providers are not consistently reliable the possible presence of great crested newts is not considered to be confirmed in these hedgerows at this time. No other records of protected or priority species relating to the hedgerows within the survey area were provided by the local record centre. A map is provided in Appendix 3. An absence of records does not mean that a species is not present, merely that it has not been recorded. Some species records are not obtainable from the sources utilised and there may be further undetected records for such species on the study site or in the local area. 4.2 Hedgerow Descriptions The hedgerows across the site form a well-connected and largely intact system, although reference to historical data indicates that a number of hedgerows have been removed since production of the first edition Ordnance Survey map dated Many of the hedgerows present are moderately species-rich (containing more than five woody species) and are managed on a regular basis, with annual trimming to a height of approximately 2 m. Hedgerows around the margins of the site are characterised by generally being taller and more outgrown in nature than those in the centre of the site. Typical species recorded within hedgerows included hawthorn Crataegus monogyna, blackthorn Prunus spinosa, wild privet Ligustrum vulgare, elm Ulmus sp., rose Rosa sp. and elder Sambucus nigra. Less frequently recorded species included field maple Acer campestre, apple Malus domestica, common buckthorn Rhamnus cathartica, willow Salix spp. and hazel Corylus avellana. Many of the hedgerows include standard trees, predominantly either ash Fraxinus excelsior or pedunculate oak Quercus robur; most trees were early-mature or mature, but some younger trees were also present. Other recorded tree species include field maple, willow, horse chestnut Aesculus hippocastanum and Scots pine Pinus sylvestris. A summary of each of the 39 surveyed hedgerows, along with more detailed hedgerow descriptions, are provided in Appendices 5 and Hedgerow Survey Thirty-nine hedgerows within the survey area were subject to survey to determine whether they meet the wildlife and landscape criteria for an Important hedgerow, as described in Section 2.3. Five hedgerows, in the southern part of the site associated with Glebe Farm, were inaccessible during the survey. These hedgerows were viewed using binoculars; however, a detailed C1944-1: WASPERTON MINERALS ALLOCATION 13

14 assessment against the criteria was not possible. Of the 39 surveyed hedgerows, ten are classified as Important under the Wildlife and Landscape criteria of the Hedgerow Regulations. Over half (72%) of the surveyed hedgerows have an adjacent ditch or stream, five (13%) of the hedgerows have four or more connection points and 43% of the 39 surveyed hedgerows have enough standard trees to qualify as a feature under the Regulations. None of the surveyed hedgerows has a sufficient number of the plant species in their field-layer that appear in Schedule 2 of the Regulations to qualify as an extra feature. Only one of the surveyed hedgerows has a parallel hedgerow within 15 m and no hedgerow has a supporting bank or wall. Eight hedgerows contain pairs of yellowhammer Emberiza citrinella, breeding birds red-listed on the Birds of Conservation Concern 4 list (BoCC4), which automatically makes them Important. Six hedgerows are adjacent to public footpaths or bridleways; however, none of these contain the necessary combination of woody species and hedgerow features to qualify as Important under the Regulations. The locations of these hedgerows are illustrated in Figure A.1 in Appendix Summary of Results Table 4.1: Summary of Important Hedgerows (as defined by the landscape and wildlife criteria in the Hedgerow Regulations 1997) Hedgerow Importance Number Hedgerow Reference Numbers Important due to presence of BoCC4 redlisted 6 H8, H11, H27, H28, H30, H33 breeding bird species Important due to presence of BoCC4 redlisted 2 H7, H9 breeding bird species AND Important due to combination of adequate number of Schedule 3 woody features and hedgerow features Important due to combination of adequate 0 number of Schedule 3 woody features and hedgerow features and adjacent to a public right of way Important due to combination of adequate 2 H1b, H4 number of Schedule 3 woody features and hedgerow features Not Important but with five or more woody 4 H10, H14a, H26, H34 species on average Not Important, with fewer than five woody species on average Unknown importance due to lack of access permission for detailed survey Total number of Important hedgerows H1a, H2, H3, H5, H6, H12, H14b, H15, H16, H17, H18, H19, H20, H21, H22, H25, H29, H31, H32, H35 5 H36, H38, H39, H40, H41 C1944-1: WASPERTON MINERALS ALLOCATION 14

15 5 EVALUATION 5.1 Archaeology and History All hedgerows within the study site qualify as Important under Criterion 5a of the Regulations, because several historical sources all confirm that the existing hedgerows have been in their current locations since before A further four hedgerows (H1a, H1b, H39 and H41) also qualify as Important under Criterion 1, because they mark the historic (and current) boundaries of Wasperton parish. This means it is not permissible to remove any of the hedgerows on site without first notifying the local planning authority, which in this case is Warwick District Council. The impact of the removal of any of these hedgerows on the heritage significance of the area and its impact on any heritage assets must be taken into account when determining a planning permission, in accordance with planning policies in the National Planning Policy Framework and the local development plan. Appendix 1 provides more information regarding the legislation contained with the Hedgerow Regulations. 5.2 Wildlife and Landscape Ten hedgerows within the study site qualify as Important under Criteria 6-8 of the Regulations: H1b, H4, H7, H8, H9, H11, H27, H28, H30 and H33. Eight hedgerows qualify as Important under Criterion 6, due to the presence of breeding pairs of yellowhammer, a Red Listed species on BoCC4: H7, H8, H9, H11, H27, H28, H30 and H33. Because full ecological surveys have not been completed within the area due to access constraints, it is possible that further hedgerows in the survey area may qualify as Important under Criterion 6 if they are found to support a notable species (as described in Section 2.3 of the report). Four hedgerows qualify as Important under Criterion 7, because they contain the necessary combinations of woody species and hedgerow features: H1b, H4, H7 and H9. Hedgerows H18, H20, H23, H30 and H35 are adjacent to public footpaths; however, none qualify as Important under Criterion 8, because they do not contain the necessary combination of woody species and hedgerow features. The impact of the removal of any of these hedgerows on the ecological significance of the area must be taken into account when determining a planning permission, in accordance with planning policies in the National Planning Policy Framework and the local development plan. Appendices 4 and 5 provide locations and detailed survey information for each of the hedgerows. C1944-1: WASPERTON MINERALS ALLOCATION 15

16 6 RELEVANT LITERATURE Barratt, D. M. (1952) The Inclosure of the manor of Wasperton in In University of Birmingham Historical Journal, Volume III, No. 2, 1952, pp British Standard (2012). BS 5837:2012: Trees in relation to design, demolition and construction. Recommendations. Chartered Institute of Ecology and Environmental Management (2017). Guidelines for Ecological Report Writing. CIEEM, Winchester. Cherry, E ( ) Wasperton Tythe Map. Available from County Record Office Department for Environment, Food and Rural Affairs (2002). The Hedgerows Regulations A Guide to the Law and Good Practice. Department for Environment, Food and Rural Affairs, London Department for Environment, Food and Rural Affairs. (2007). Hedgerow Survey Handbook: A standard procedure for local surveys in the UK, Second Edition. Department for Environment, Food and Rural Affairs, London. Eaton, M.A., Aebischer, N.J., Brown, A.F., Hearn, R.D., Lock, L., Musgrove, A.J., Noble, D.G., Stroud, D.A. and Gregory, R.D. (2015). Birds of Conservation Concern 4: the population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds 108, Fish, J. (1686) The survey of Manor & Lordship of Wasperton & Heathcote in the County of Warwick being the lands of the right worshipful Sr Thomas Rawlinson Knight, Alderman & Sheriff of London and Middlesex. Ano 1686 Oubridge, V. W. (1981) Wasperton. A short history of a Warwickshire Parish. Warwickshire County Council (2016). Minerals Plan Publication 2016 (draft) Appendix B Minerals Local Plan Publication 2016 C1944-1: WASPERTON MINERALS ALLOCATION 16

17 APPENDIX 1 LEGISLATION Hedgerow Regulations 1997 Under the Hedgerows Regulations 1997 it is against the law to remove or destroy Important hedgerows without permission from the local planning authority. Various criteria specified in the Regulations are used to identify Important hedgerows for wildlife, landscape or historical reasons. The local planning authority is also the enforcement body for offences created by the Regulations. Defra is the policy body for the Hedgerow Regulations in England. The Hedgerow Regulations 1997 (51 No. 1160) were made under Section 97 of the Environment Act They introduced new arrangements for local planning authorities in England and Wales to protect important hedgerows in the countryside, by controlling their removal through a system of notification. Under the Hedgerow Regulations 1997: It is against the law to remove most countryside hedgerows which lie within or adjacent to common land, protected land, agricultural land, forestry or the breeding or keeping of horses, ponies or donkeys without permission; Most proposals to remove a hedgerow require advance notification of the local planning authority through use of a hedgerow removal notice form, available from the local planning authority; The local planning authority have 42 calendar days to make a decision as to whether to approve or deny consent for hedgerow removal. This decision will be based on an assessment as to whether the hedgerow is Important or not, under the methodology outlined within the Regulations; If no decision is forthcoming after 42 calendar days, removal can proceed without consent; If a hedgerow is removed without permission within the 42 calendar day period, an unlimited fine is possible and it is also possible that the hedgerow will need to be replaced. Exceptions to the legislation, where consent from the local planning authority for removal is not required, include the following: Hedgerows that are less than 20 m in length and which do not connect at each end to other hedgerows; Hedgerows that lie within or form the boundary of a dwelling house; and Hedgerows that are less than 30 years old. C1944-1: WASPERTON MINERALS ALLOCATION 17

18 APPENDIX 2 HISTORIC ENVIRONMENT RECORD Archaeological events: No archaeological events have occurred within the survey area. A single event was recorded from Seven Elms (EWA 9529), close to the southern edge of the survey area. Further details are given below and the location of this event is illustrated on the subsequent map: C1944-1: WASPERTON MINERALS ALLOCATION 18

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20 Archaeological monuments Records of the following monuments were provided within and adjacent to the study area: MWA4820: Turnpike Road from Warwick to Paddle Brook. MWA20580: Three search lights for Sandra lighting for Wellesbourne Mountford Airfield. MWA23671: Wasperton (Romano-British) Field 52 artefact found during metal detecting. MWA6759: Rectangular cropmark enclosure S of Glebe Farm MWA6760: Possible cropmark complex SW of Glebe Farm, Wasperton None of these monuments related to the adjacent or surrounding hedgerows and thus none of the hedgerows meet the relevant criteria with the Regulations. The locations of these monuments are illustrated on the subsequent map, and further details are given below. C1944-1: WASPERTON MINERALS ALLOCATION 20

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27 APPENDIX 3 PROTECTED AND PRIORIT SPECIES WITHIN 2 KM C1944-1: WASPERTON MINERALS ALLOCATION 27

28 APPENDIX 4 HEDGEROW ASSESSMENT PLAN C1944-1: WASPERTON MINERALS ALLOCATION 28

29 APPENDIX 5 HEDGEROW SUMMAR TABLE (WILDLIFE AND LANDSCAPE CRITERIA) Hedge Number Important / Not Important Presence of Public Right of Way (PRoW) or Qualifying Species (QS) Number of Features Average Number of Woody Species Number of Schedule 2 Herbs Presence of BoCC4 Red- Listed Breeding Bird Species 1a Not Important b Important Not Important Not Important Important Not Important Not Important Important QS ellowhammer 8 Important QS ellowhammer 9 Important QS ellowhammer 10 Not Important Important QS ellowhammer 12 Not Important n/a a Not Important b Not important Not Important Not Important Not Important Not Important PRoW Not Important Not Important PRoW Not Important Not Important n/a PRoW n/a Not Important Not Important Important QS ellowhammer 28 Important QS ellowhammer 29 Not Important Important QS, PRoW ellowhammer 31 Not Important Not Important Important QS ellowhammer 34 Not Important Not Important PRoW Unknown 37 n/a PRoW 38 Unknown 39 Unknown 40 Unknown 41 Unknown Key: n/a Hedgerow no longer present, or only represented by a line of scattered trees and scrub. C1944-1: WASPERTON MINERALS ALLOCATION 29

30 APPENDIX 6 INDIVIDUAL HEDGEROW SURVE SHEETS Hedgerow 1a a) Hedge Number H1a b) Length & no. surveyed 30m sections 105 m / 2 sections surveyed c) Surveyor and date AD, 01/06/18 d) Estimated height (H) and width (W) H: m / W: <1 m e) Status Not important hedge 1 2 Acer campestre Crataegus monogyna Fraxinus excelsior Prunus spinosa Quercus robur Rosa sp. Ulmus sp. Totals for Schedule 3 species Totals for other woody species 0 Supporting bank or wall - Less than 10% gaps - Gaps total 26 m Standard trees 4 standard trees present. Ditch for > 50% of length Northern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 3.5 Number of features 2 Special qualifying species - Threshold altering factors - This roadside hedgerow has numerous gaps along its length, ranging from 1 m to 6 m long. It appears to be regularly cut on the sides, but the top of some sections are not cut (and here the hedge reaches 3-4 m high) whilst in other places it is cut to 1.8 m high. The hedge included two mature standard oaks, a young ash and a young field maple. Bramble and black bryony are present within the hedgerow. Field layer includes common grassland species from the adjacent field margin. C1944-1: WASPERTON MINERALS ALLOCATION 30

31 Hedgerow 1b a) Hedge Number H2 b) Length & no. surveyed 30m sections 162 m / 2 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 3-4 m / W: 1-2 m e) Status Important hedge Acer campestre Corylus avellana Crataegus monogyna Fraxinus excelsior Prunus spinosa Quercus robur Rosa sp. Sambucus nigra Ulmus sp. Totals for Schedule 3 species Totals for other woody species 0 Supporting bank or wall - Less than 10% gaps Gaps total 15 m Standard trees 8 standard trees present. Ditch for > 50% of length Northern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 6 Number of features 3 Special qualifying species - Threshold altering factors - Frequently, managed roadside hedgerow has several short gaps (2-3 m long). This hedgerow does not directly link to any adjacent features, with a 26 m gap between it and Hedge 1a, and a 10 m gap at its eastern extent to a small copse of young/early mature lime Tilia sp. The hedgerow includes four mature pedunculate oak and four young/early mature ash. There is a further young field maple, with a diameter at breast height of c. 12 cm, which is not big enough to qualify as a standard tree. Bramble and ivy were recorded growing through the hedgerow. Field layer includes species common grass and tall herb species from the adjacent field margins, and infrequent wood false-brome (a Schedule 2 species). Hedgerow is important due to the presence of six woody species per 30 m and three features. C1944-1: WASPERTON MINERALS ALLOCATION 31

32 Hedgerow 2 a) Hedge Number H2 b) Length & no. surveyed 30m sections 172 m / 2 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 3-4 m / W: 1-2 m e) Status Not important hedge 1 2 Crataegus monogyna Fraxinus excelsior Prunus spinosa Quercus robur Rosa sp. Sambucus nigra Ulmus sp. Totals for Schedule 3 species Malus domestica Totals for other woody species Supporting bank or wall - Less than 10% gaps No gaps Standard trees - Ditch for > 50% of length Eastern side of hedgerow Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 4 Number of features 2 Special qualifying species - Threshold altering factors - Tall, hedgerow with the majority subject to frequent management (cut to 2 m H by 1 m W); the southern end of the hedgerow only appears to have sides cut (reaching 3-4 m H by 1-2 m W). Hedge includes two standard mature trees (pedunculate oak and ash) and a number of climbing species (bramble, ivy, bittersweet and a bindweed species). Field layer includes common grassland and tall herb species from the adjacent field margins. C1944-1: WASPERTON MINERALS ALLOCATION 32

33 Hedgerow 3 a) Hedge Number H3 b) Length & no. surveyed 30m sections 63 m / 1 section surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 3-4 m / W: 5-6 m e) Status Not important hedge 1 Crataegus monogyna Prunus spinosa Rosa sp. Totals for Schedule 3 species 3 3 Totals for other woody species 0 0 Supporting bank or wall - Less than 10% gaps No gaps Standard trees - Ditch for > 50% of length Eastern side of hedgerow Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 3 Number of features 2 Special qualifying species - Threshold altering factors - Tall, unmanaged hedgerow that is expanding into linear scrub, approximately 5-6 m wide. One standard ash tree (mature) present and a number of climbing species (bramble, ivy, bittersweet and a bindweed species). Field layer includes tall herb species from the adjacent field margins and ditch. A gap (< 10 m) is present between this hedgerow and H2. C1944-1: WASPERTON MINERALS ALLOCATION 33

34 Hedgerow 4 a) Hedge Number H4 b) Length & no. surveyed 30m sections 93 m / 1 section surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 2 m / W: 1 m e) Status Important hedge 1 Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Prunus spinosa Quercus robur Rosa sp. Ulmus sp. Totals for Schedule 3 species 7 6 Totals for other woody species 0 Supporting bank or wall - Less than 10% gaps No gaps Standard trees 4 standard trees present Ditch for > 50% of length South side of hedgerow Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 6 Number of features 3 Special qualifying species - Threshold altering factors - Hedgerow cut into an A-shape, with standard ash and pedunculate oak trees, that links to a small wood at its western end. There is a 7 m gap at its eastern end between it and H5. Honeysuckle, bramble and ivy are present within the hedgerow and the field layer comprises common grassland species from the adjacent grassy field margins. Hedgerow is important due to the presence of six woody species per 30 m and three features. C1944-1: WASPERTON MINERALS ALLOCATION 34

35 Hedgerow 5 a) Hedge Number H5 b) Length & no. surveyed 30m sections 209 m / 3 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 1.8 m / W: 2 m e) Status Not important hedge Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Prunus spinosa Quercus robur Rosa sp. Salix sp. Sambucus nigra Ulex europaeus Totals for Schedule 3 species Malus domesticus Totals for other woody species Supporting bank or wall - Less than 10% gaps Gaps total 20 m Standard trees 6 standard trees present. Ditch for > 50% of length Eastern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 4.7 Number of features 3 Special qualifying species - Threshold altering factors - The majority of the hedgerow is managed, with some unmanaged sections close to mature trees. The hedge has two large gaps (9-10 m wide), one of which is a field entrance, roughly half way along the hedge. A further small gap is present; the rest of the hedge is intact but some gaps at the base of the hedge are noted at its southern end. The hedge has six standard trees (include mature ash and pedunculate oak and other young ash), as well as a number of other young trees that do not qualify as standard trees. Climbers include bramble, black bryony and honeysuckle. Field layer includes nettle and amphibious bistort (both present within the ditch) as well as grass species from the adjacent field margins. C1944-1: WASPERTON MINERALS ALLOCATION 35

36 Hedgerow 6 a) Hedge Number H6 b) Length & no. surveyed 30m sections 304 m / 3 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 2 m / W: 1 m e) Status Not important hedge Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Prunus spinosa Quercus robur Rhamnus cathartica Rosa sp. Salix sp. Sambucus nigra Totals for Schedule 3 species Malus domesticus Totals for other woody species 1 1 Supporting bank or wall - Less than 10% gaps Gaps total 16 m Standard trees - 6 standard trees present. Ditch for > 50% of length Eastern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 4.7 Number of features 2 Special qualifying species - Threshold altering factors - Managed hedgerow with six standard trees (four mature pedunculate oak and two multi-stemmed ash). Black bryony, ivy and bramble present within the hedgerow. Field layer includes common grassland species from adjacent field margins. C1944-1: WASPERTON MINERALS ALLOCATION 36

37 Hedgerow 7 a) Hedge Number H7 b) Length & no. surveyed 30m sections 172 m / 2 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 1.6 m / W: 1 m e) Status Important hedge 1 2 Acer campestre Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Prunus spinosa Quercus robur Rhamnus cathartica Rosa sp. Salix sp. Sambucus nigra Ulmus sp. Totals for Schedule 3 species Malus domesticus Totals for other woody species 1 1 Supporting bank or wall - Less than 10% gaps No gaps Standard trees 8 standard trees present. Ditch for > 50% of length Southern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 7 Number of features 2 Special qualifying species ellowhammer Threshold altering factors - The majority of the hedgerow is managed with a short section around the mature ash at the western end not cut here the hedgerow is wider (approx. 3 m). The hedgerow contains 8 ash and pedunculate oak trees (ranging from young to mature) including one multi-stemmed specimen. The ditch contained water along most of its length at the time of survey, with frequent wintercress suggesting damp conditions. Black bryony, ivy and bramble present within the hedgerow. A field access point at its eastern end means there are gaps between it nearby hedge H27 (10 m wide) and off site hedge and pond (14 m wide). Hedgerow is important due to presence of an average of seven woody species per 30 m, and because of the presence of breeding yellowhammer, a Red List species on BoCC4. C1944-1: WASPERTON MINERALS ALLOCATION 37

38 Hedgerow 8 a) Hedge Number H8 b) Length & no. surveyed 30m sections 182 m / 2 sections surveyed c) Surveyor and date AD, 31/05/18 d) Estimated height (H) and width (W) H: 1.6 m / W: 1 m e) Status Important hedge 1 2 Acer campestre Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Quercus robur Prunus spinosa Rosa sp. Totals for Schedule 3 species Totals for other woody species 0 Supporting bank or wall - Less than 10% gaps Standard trees - Ditch for > 50% of length Southern side of hedgerow. Parallel hedge within 15 m - Four or more connection points Joins to 4 hedgerows Three or more Schedule 2 species - Mean number species per 30 m stretch 5.5 Number of features 3 Special qualifying species ellowhammer Threshold altering factors - Managed hedgerow with three standard trees two mature pedunculate oak and one young ash. The hedge has no gaps, but a field access point (4 m wide) separates it from H7. Black bryony, honeysuckle and bramble present within the hedgerow. The ditch contains soft rush and meadowsweet, suggest damp conditions. Hedgerow is important due to presence of breeding yellowhammer, a Red List species on BoCC4. C1944-1: WASPERTON MINERALS ALLOCATION 38

39 Hedgerow 9 a) Hedge Number H9 b) Length & no. surveyed 30m sections 151 m / 2 sections surveyed c) Surveyor and date CC, 31/05/18 d) Estimated height (H) and width (W) H: 2 m / W: 2 m e) Status Important hedge 1 2 Acer campestre Corylus avellana Crataegus monogyna Fraxinus excelsior Ligustrum vulgare Prunus spinosa Quercus sp. Rosa sp. Totals for Schedule 3 species Totals for other woody species Supporting bank or wall - Less than 10% gaps Standard trees 5 standard trees present. Ditch for > 50% of length Eastern side of hedgerow. Parallel hedge within 15 m - Four or more connection points - Three or more Schedule 2 species - Mean number species per 30 m stretch 6.5 Number of features 3 Special qualifying species ellowhammer Threshold altering factors - Managed hedgerow with five mature standard oak and ash trees along the length. Field margins on both sides are approximately 2 3 m in width and support tussocky grassland, with the sward including frequent meadow foxtail, orkshire fog, false oat grass and crested dog s tail with patches of cow parsley, hairy sedge, lady s bedstraw and tare species. The ditch contains water along most of its length. Hedgerow is important due to presence of an average of six woody species per 30 m and three qualifying features, and because of the presence of breeding yellowhammer, a Red List species on BoCC4. C1944-1: WASPERTON MINERALS ALLOCATION 39